Opinion Flash

February 3, 2003
Volume 9 — Number 019

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

This Issue (IN THIS ORDER):
01 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
05 New Opinion(s) from the Tennessee Court of Appeals
21 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


SUPREME COURT DISCRETIONARY APPEALS

Court:TSC

http://www.tba.org/tba_files/TSC/CERTLIST_0203.wpd


WILLIAM W. DAVIS, JR., v. KAREN A. DAVIS

Court:TCA

Attorneys:  

William W. Davis, Knoxville, Tennessee, for Appellant.

Brent R. Watson, Knoxville, Tennessee, for Appellee.                        

Judge: FRANKS

First Paragraph:

In divorce action the Trial Court ordered husband to pay alimony and
ordered division of marital property.  The Judgment is affirmed as
modified.

http://www.tba.org/tba_files/TCA/davisw.wpd

IN THE MATTER OF: S. M. S., D.O.B. 10-28-91

Court:TCA

Attorneys:  

Kim G. Sims, Memphis, TN, for Appellant

Anastacia Frost, Memphis, TN, pro se                        

Judge: HIGHERS

First Paragraph:

This appeal arises from a child custody proceeding.  The juvenile
court granted custody to the mother.  This appeal ensued.  For the
following reasons, we remand for further findings of fact.

http://www.tba.org/tba_files/TCA/Frostd.wpd

LEAH MICHELLE MILLER, et al. v. GARY RAY HILL, et al.

Court:TCA

Attorneys: 

James M. Crain, Knoxville, Tennessee, for the appellants, Leah
Michelle Miller, by next friend, Brenda Gail Miller, Robert G. Miller
and Brenda Gail Miller, individually.

Robert A. Crawford and Laura Bradley Myers, Knoxville, Tennessee, for
the appellees, Gary Boyd Hill and Martha Hill.

Judge: SUSANO

First Paragraph:

Leah Michelle Miller, a minor, was injured while attempting to
dismount a trampoline in the yard of a two-story duplex.  Her parents,
Robert G. Miller and Brenda Gail Miller ("the plaintiffs"), rented the
lower unit of the duplex.  The Millers sued their landlords, Gary Boyd
Hill and Martha Hill ("the Landlords").  They also named as defendants
the occupants of the upstairs unit, Steve Cooper and Tanya Caldwell. 
The suit against these latter two defendants was based upon their
ownership of the trampoline.  The Landlords moved for summary
judgment.  They essentially argued that they owed no duty of care to
the plaintiffs or their child with respect to the trampoline.  The
trial court granted the motion and entered a final judgment pursuant
to Tenn. R. Civ. P. 54.02.  We affirm.

http://www.tba.org/tba_files/TCA/MillerLM.wpd

STATE OF TENNESSEE, ON RELATION OF THE COMMISSIONER, DEPARTMENT OF
TRANSPORTATION, FOR AND ON BEHALF OF SAID DEPARTMENT v. DEBORAH GAY
RAINEY

Court:TCA

Attorneys:    

Charles E. Waldman, Memphis, TN, for Appellant

Paul G. Summers, Attorney General & Reporter, Nashville, TN; Larry M.
Teague, Deputy Attorney General, Jackson, TN, for Appellee

Judge:

First Paragraph:

This appeal arises from a condemnation proceeding.  The trial court
awarded the Appellant $38, 040.00 as the fair market value of the
property taken and zero dollars for incidental damages to the
remaining property.  Appellant raises a single issue on appeal.  For
the following reasons, we dismiss the appeal.

http://www.tba.org/tba_files/TCA/Raneyd.wpd

EDDIE WILLIAMS, JR. v. TENNESSEE DEPARTMENT OF CORRECTIONS, et al.

Court:TCA

Attorneys:                          

Judge:

Eddie Williams, Jr., pro se. 

No brief filed by the Appellees.

First Paragraph:

In this appeal from the Chancery Court for Morgan County the
Petitioner/Appellant, Eddie  Williams, Jr., contends that the Trial
Court erred in dismissing his petition for writ of certiorari for
failure to appear and prosecute.  We vacate the judgment of the Trial
Court and remand.

http://www.tba.org/tba_files/TCA/williamsed.wpd

BUFORD BARRETT v. STATE OF TENNESSEE

Court:TCCA

Attorneys:   

Paul Simpson, Selmer, Tennessee, for the appellant, Buford Barrett.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; and Jerry W. Norwood, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The petitioner, Buford Barrett, appeals the McNairy County Circuit
Court's denial of his petition for post-conviction relief from his
conviction for rape of a child and resulting twenty-year sentence.  He
claims that he received the ineffective assistance of counsel because
his trial attorney (1) refused to let him testify at trial; (2) failed
to subpoena his cousin, who could have testified that the petitioner
was not present when the alleged crime occurred; (3) failed to request
a DNA test for the victim; and (4) failed to investigate the facts
surrounding a statement that his wife gave to the police in which she
admitted that she had sexually abused the victim.  In addition, the
petitioner contends that the cumulative effect of his attorney's
deficiencies prevented him from receiving a fair trial.  We affirm the
trial court's denial of the petition.

http://www.tba.org/tba_files/TCCA/barrettb.wpd

STATE OF TENNESSEE v. SAMMY D. CHILDERS

Court:TCCA

Attorneys:                          

Dennis W. Plunk, Savannah, Tennessee, for the Appellant, Sammy D.
Childers.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; P. Robin Dixon, Jr., Assistant Attorney General; G.
Robert Radford, District Attorney General; and John W. Overton,
Assistant District Attorney General, for the Appellee, State of
Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Sammy D. Childers, appeals his jury convictions for two
counts of aggravated assault.  Following these convictions, the
Circuit Court of Hardin County sentenced Childers to concurrent
sentences of five years, with ninety days to be served in confinement,
followed by four years and nine months of supervised probation.  On
appeal, Childers raises one issue for our review; whether he is
entitled to a new trial because of alleged juror misconduct.  After
reviewing the record before us, we find this issue to be without merit
and affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/Childers.wpd

STATE OF TENNESSEE v. CHAD CRABTREE

Court:TCCA

Attorneys:       

Donna Robinson Miller (on appeal) and Myrlene Marsa (at trial),
Assistant District Public Defenders, for the appellant, Chad Crabtree.

Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III,
Assistant Attorney General; and Yolanda Mitchell and Barry A.
Steelman, Assistant District Attorneys General, for the appellee, the
State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Chad Crabtree, was convicted of three counts of rape of
a child, Class A felonies.  The trial court imposed concurrent
twenty-five-year sentences.  In this appeal, the defendant asserts (1)
that the trial court erred by denying his access to certain records
regarding the victim and the lead investigator; (2) that the evidence
was insufficient to support one of his convictions; (3) that the trial
court was not impartial; (4) that a witness for the state improperly
bolstered the credibility of the victim; and (5) that the sentence was
excessive.  The judgments of the trial court are affirmed.

http://www.tba.org/tba_files/TCCA/Crabtree.wpd

STATE OF TENNESSEE v. CHARLES E. DELAPP, JR., A.K.A. 
CHARLES E. JACKSON, JR.

Court:TCCA

Attorneys: 

Gary F. Antrican, District Public Defender; and Julie K. Pillow,
Assistant District Public Defender, for the appellant, Charles E.
Delapp, Jr., a.k.a. Charles E. Jackson, Jr.

Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; and Tracey A. Brewer, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The defendant, Charles E. Delapp, Jr., a.k.a. Charles E. Jackson, Jr.,
appeals as of right his conviction by a Lauderdale County Circuit
Court jury for reckless aggravated assault, a Class D felony, and the
resulting five-year, six-month sentence.  He contends (1) that the
evidence is insufficient to support his conviction and (2) that his
sentence is excessive.  We affirm the trial court's judgment of
conviction.

http://www.tba.org/tba_files/TCCA/delappc.wpd

JAMES E. JACKSON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:  

Dwight E. Scott, Nashville, Tennessee, for the appellant, James E.
Jackson.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Jon P. Seaborg, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The petitioner, James E. Jackson, appeals the trial court's denial of
his petitions for writ of error coram nobis and post-conviction relief
from his conviction for first degree murder.  In regard to the
petition for writ of error coram nobis, the petitioner claims that
newly discovered evidence entitles him to a new trial.  In regard to
the petition for post-conviction relief, he contends that he received
the ineffective assistance of counsel because his trial attorney
failed to call certain witnesses to testify and did not investigate
and present a diminished capacity defense.  We affirm the trial
court's denial of the petitions.

http://www.tba.org/tba_files/TCCA/jacksonja.wpd

STATE OF TENNESSEE v. CLAZELLE JENNINGS

Court:TCCA

Attorneys:     

Robert B. Gaia, Memphis, Tennessee, for the appellant, Clazelle
Jennings.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Stephen Patrick Hall, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

A Shelby County jury convicted the defendant, Clazelle Jennings, of
aggravated robbery and two counts of aggravated assault.  The trial
court sentenced him to concurrent sentences of ten years for
aggravated robbery and four years for each of the aggravated assaults.
 On appeal, the defendant presents the following issues: (1) whether
the trial court erred in denying his motion to suppress his statements
to police; (2) whether the evidence was sufficient to support the
convictions; (3) whether the convictions for aggravated robbery and
aggravated assault upon the same victim violate double jeopardy; and
(4) whether the sentence is excessive.  Upon review of the record and
the applicable law, we reverse and dismiss one of the aggravated
assault convictions due to a double jeopardy violation.  We remand for
a clerical correction of the remaining aggravated assault judgment. 
We affirm in all other respects.

http://www.tba.org/tba_files/TCCA/jenningsc.wpd

STATE OF TENNESSEE v. DONALD JOHNSON, JR.

Court:TCCA

Attorneys:      

A.C. Wharton, Jr., Public Defender; W. Mark Ward, Assistant Public
Defender (on appeal); and Phyllis L. Aluko and Michael J. Johnson,
Assistant Public Defenders (at trial), for the appellant, Donald
Johnson, Jr.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Charles W. Bell, Jr. and Rosemary Andrews, Assistant
District Attorneys General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

A Shelby County jury convicted the defendant, Donald Johnson, Jr., of
first degree murder in perpetration of robbery, and the trial court
sentenced him to life.  On appeal, this court vacated the judgment of
the trial court and remanded for findings relating to the motion to
suppress the defendant's statements to police officers.  Upon remand,
the trial court made additional findings and again denied the motion. 
Upon reviewing the record, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/johnsond.wpd

JAVONNI JONES v. STATE OF TENNESSEE

Court:TCCA

Attorneys:    

Roger Eric Nell, District Public Defender; and Fred W. Love, Assistant
District Public Defender, for the appellant, Javonni Jones.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; John Wesley Carney, Jr., District Attorney
General; and Lance A. Baker, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The petitioner, Javonni Jones, appeals the dismissal of his petition
for post-conviction relief as being barred by the statute of
limitations.  We affirm the judgment of the post-conviction court.

http://www.tba.org/tba_files/TCCA/jonesjavo.wpd

STATE OF TENNESSEE v. KENNETH KING

Court:TCCA

Attorneys:      

Robert Wilson Jones, Shelby County Public Defender; W. Mark Ward,
Assistant Public Defender; Michael Johnson, Assistant Public Defender;
and Brent Walker, Assistant Public Defender, Memphis, Tennessee, for
the appellant, Kenneth King.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; William L. Gibbons, District
Attorney General; and Steve Jones, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WOODALL

First Paragraph:

Defendant, Kenneth King, was convicted of burglary of a building and
was sentenced to twelve years in the Tennessee Department of
Correction as a career offender.  Defendant now appeals his conviction
alleging that the trial court erred in refusing to grant a mental
evaluation prior to trial to determine Defendant's competency to stand
trial.  After a review of the record, we affirm the judgment of the
trial court.

http://www.tba.org/tba_files/TCCA/KingKen.wpd

STATE OF TENNESSEE v. CLARK DOUGLAS LIVELY

Court:TCCA

Attorneys:    

Robert Wilson Jones, Shelby County Public Defender; W. Mark Ward,
Assistant Public Defender; Michael Johnson, Assistant Public Defender;
and Brent Walker, Assistant Public Defender, Memphis, Tennessee, for
the appellant, Kenneth King.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; William L. Gibbons, District
Attorney General; and Steve Jones, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

Michael J. Flanagan, Nashville, Tennessee, for the appellant, Clark Douglas Lively. 

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Dan M. Alsobrooks, District Attorney
General; and Robert S. Wilson, Assistant District Attorney General,
for the appellee, State of Tennessee.

http://www.tba.org/tba_files/TCCA/lively.wpd

STATE OF TENNESSEE v. BYRON LOOPER

Court:TCCA

Attorneys:   

John E. Herbison, Nashville, Tennessee (on appeal); McCracken Poston,
Chattanooga, Tennessee (at trial); and Ron Cordova, Newport Beach,
California (at trial), for the appellant, Byron Looper.

Paul G. Summers, Attorney General and Reporter; Mark E. Davidson,
Assistant Attorney General; William E. Gibson, District Attorney
General; and David A. Patterson and Anthony J. Craighead, Assistant
District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant, Byron Looper, was convicted of first degree murder and
sentenced to life imprisonment without the possibility of parole.  He
timely appealed, presenting as issues:  (1) the trial court erred in
excluding the testimony of witnesses who would have testified as to
his location following the homicide, violating his right to due
process; (2) the trial court erred in keeping under seal the
psychological records of one of the State's witnesses; and (3) the
evidence did not support application of the aggravating factor that
the homicide was committed because the victim was a state official. 
Following our review, we affirm the conviction and the imposition of
life without the possibility of parole.

http://www.tba.org/tba_files/TCCA/looperb.wpd

STATE OF TENNESSEE v. SHIRLEY MASON

Court:TCCA

Attorneys:    

Donna Leigh Hargrove, District Public Defender; Andrew Jackson
Dearing, III, Assistant District Public Defender (at hearing and on
appeal); and Merrilyn Feirman, Nashville, Tennessee (on appeal), for
the appellant, Shirley Mason.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; W. Michael McCown, District
Attorney General; and Michael D. Randles, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The defendant pled guilty to delivery of cocaine under .5 grams.  The
trial court imposed a Range II eight-year sentence in the Department
of Correction.  The defendant appeals her sentence, arguing it was
excessive and she should have received alternative sentencing.  We
affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/masonsh.wpd

STATE OF TENNESSEE v. JAMES ANTHONY McCURRY

Court:TCCA

Attorneys:   

Stephen P. Spracher, Assistant Public Defender, Jackson, Tennessee,
for the appellant, James Anthony McCurry.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; James G. (Jerry) Woodall, District
Attorney General; and Jody S. Pickens, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Defendant pled guilty to possession of cocaine with intent to
sell; reckless driving; two counts of driving with a suspended,
cancelled, or revoked license; possession of cocaine; aggravated
assault; and felony evading arrest.  The trial court sentenced him to
an effective sentence of twelve years and ordered him to serve his
sentence on probation.  The Defendant's probation officer subsequently
filed a probation violation report, and following a probation
revocation hearing, the trial court revoked the Defendant's probation.
 In this appeal, the Defendant argues that the trial court improperly
relied on rebuttal testimony as substantive evidence at the hearing
and thus that the court improperly revoked his probation.  Finding no
error by the trial court, we affirm the trial court's decision to
revoke probation in this case.

http://www.tba.org/tba_files/TCCA/mccurryja.wpd

STATE OF TENNESSEE v. DON WOODY MCGOWAN

Court:TCCA

Attorneys:    

Philip A. Condra, District Public Defender, Jasper, Tennessee, for the
appellant, Don Woody McGowan.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; J. Michael Taylor, District Attorney
General; and Sherry Gouger, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Defendant was indicted for driving on a revoked license, driving
on a revoked license second offense, evading arrest, and reckless
driving.  After the State presented its proof at trial, the trial
court entered judgments of acquittal for the charges of evading arrest
and reckless driving.  At the conclusion of the trial, a Marion County
jury convicted the Defendant of driving on a revoked license and
assessed a fine of $500.  The Defendant waived a jury as to the second
offense driving on a revoked license, and the trial court found him
guilty.  The trial court sentenced the Defendant to eleven months and
twenty-nine days for second offense driving on a revoked license and
ordered that the sentence be served on probation except for thirty
days to be served in the county jail.  The Defendant now appeals,
arguing that the trial court erred by admitting into evidence a
Tennessee Department of Safety driving record as proof of the
Defendant's prior conviction for driving on a revoked license. 
Finding no error, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/mcgowandw.wpd

DONALD RAY MIDDLEBROOKS v. STATE OF TENNESSEE

Court:TCCA

Judge: RILEY

ORDER DENYING PETITION TO REHEAR

http://www.tba.org/tba_files/TCCA/middlebro_rh.wpd

STATE OF TENNESSEE v. FRANKIE DONALD RELEFORD

Court:TCCA   

Attorneys:

Joseph F. Harrison, Blountville, Tennessee, for the appellant, Frankie
Donald Releford.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; H. Greeley Wells, Jr., District
Attorney General; and Joseph E. Perrin, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The defendant, Frankie Donald Releford, appeals his effective
eight-year sentence of incarceration.  The Sullivan County Criminal
Court sentenced him to confinement following his guilty pleas to
possession of more than .5 grams of cocaine for resale, a Class B
felony; possession of a handgun by a convicted felon, a Class E
felony; possession of dihydrocodeinone, a Class A misdemeanor;
possession of marijuana, a Class A misdemeanor; possession of drug
paraphernalia, a Class A misdemeanor; and theft of property valued
under $500, a Class A misdemeanor.  The defendant contests the manner
of service of his sentences, contending that the trial court
erroneously denied him probation or an alternative sentence.  We
affirm the sentences imposed by the trial court.

http://www.tba.org/tba_files/TCCA/releford2.wpd


STATE OF TENNESSEE v. TIMOTHY MAURICE REYNOLDS

Court:TCCA

Attorneys:    

Gregory D. Smith, Clarksville, Tennessee (on appeal); Claudia S. Jack,
District Public Defender; and Robert H. Stovall, Jr., Assistant
District Public Defender, for the appellant, Timothy Maurice Reynolds.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Mike Bottoms, District Attorney General;
and Richard H. Dunavant and Patrick S. Butler, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

A Giles County jury convicted the defendant, Timothy Maurice Reynolds,
of aggravated robbery, and the trial court sentenced the defendant to
twenty years as a Range II multiple offender.  On direct appeal, the
defendant raises the following issues: (1) whether the evidence was
sufficient to support the conviction for aggravated robbery; (2)
whether the trial court erred in prohibiting defense counsel, during
cross-examination and closing arguments, from referring to the United
States Attorney General's comments on eyewitness identification; and
(3) whether the trial court erred in finding the defendant to be a
Range II multiple offender.  We affirm the conviction; however,
because essential exhibits relating to sentencing are missing from the
record without fault of the parties, we remand for resentencing.

http://www.tba.org/tba_files/TCCA/reynoldsti.wpd

STATE OF TENNESSEE v. CLEMMIE RHYAN

Court:TCCA

Attorneys:  

A C Wharton, Jr., District Public Defender; W. Mark Ward, Assistant
District Public Defender (on appeal); and Gwendolyn Rooks, Assistant
District Public Defender (at trial), for the appellant, Clemmie Rhyan.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Charles W. Bell, Jr., Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

A Shelby County Criminal Court jury convicted the defendant, Clemmie
Rhyan, of second degree murder, a Class A felony, and the trial court
sentenced him as a Range I, violent offender to twenty- two years in
the Department of Correction (DOC).  The defendant appeals, claiming
(1) that the evidence is insufficient to support his conviction; (2)
that the trial court erred by refusing to instruct the jury on
self-defense; and (3) that his sentence is excessive.  We affirm the
judgment of the trial court.

http://www.tba.org/tba_files/TCCA/rhyan.wpd

STATE OF TENNESSEE v. ANTHONY TONY SANDY

Court:TCCA

Attorneys:     

Robert D. Massey, Pulaski, Tennessee, for the appellant, Anthony Tony
Sanders.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; T. Michel Bottoms, District
Attorney General; and James G. White, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WOODALL

First Paragraph:

Defendant, Anthony "Tony" Sandy, was indicted by the Lawrence County
Grand Jury for first degree murder.  Defendant was convicted by a jury
of the lesser-included offense of voluntary manslaughter.  The trial
court sentenced Defendant, as a Range I standard offender, to serve
four years and six months in the Tennessee Department of Correction
and imposed a fine of $10,000, which was assessed by the jury.  In
this appeal as of right, Defendant argues that the evidence at trial
was insufficient to support a finding of guilt beyond a reasonable
doubt and that the trial court erred in sentencing Defendant.  We
affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/Sandya.wpd

STATE OF TENNESSEE v. REGINOL L. WATERS

Court:TCCA

Attorneys:  

Ross E. Alderman, Public Defender; Jeffrey A. DeVasher, Assistant
Public Defender (on appeal); and J. Michael Engle, Assistant Public
Defender (at trial), for the appellant, Reginol L. Waters.

Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Brian Keith Holmgren, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

A Davidson County jury convicted the defendant, Reginol L. Waters, of
two counts of aggravated rape, one count of aggravated robbery, and
one count of aggravated burglary.  The trial court sentenced him as a
Range I offender to twenty-three years for the first count of
aggravated rape, twenty-five years for the second count of aggravated
rape, ten years for aggravated robbery, and as a Range II offender to
ten years for aggravated burglary.  The trial court further ordered
the two sentences for aggravated rape and the sentence for aggravated
burglary be served consecutively and the sentence for aggravated
robbery be served concurrently, for an effective sentence of
fifty-eight years.  In this appeal of right, the defendant raises the
following issues: (1) whether the trial court erred in denying the
motion to suppress testimony regarding the "showup" identification of
the defendant; (2) whether the trial court erred in denying the motion
to suppress the defendant's statements to the police; (3) whether the
trial court erred in admitting the tape recording of the victim's
telephone call to the police; (4) whether the state failed to
establish a proper chain of custody for evidence found during a search
of the defendant's vehicle; (5) whether the two convictions for
aggravated rape should be merged; (6) whether the conviction for
aggravated burglary violates due process because it was incidental to
the offenses of aggravated rape and aggravated robbery; and (7)
whether the sentences are excessive.  Upon review of the record, we
affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/watersr.wpd

STATE OF TENNESSEE v. MARCUS WEBB

Court:TCCA

Attorneys:    

W. Gary Ball and Jane Sturdivant (at trial), and William D. Massey and
C. Michael Robbins (on appeal), Memphis, Tennessee, for the appellant,
Marcus Webb.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General;  William L. Gibbons, District Attorney
General; and Glen C. Baity, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The defendant, Marcus Webb, was convicted by a Shelby County jury of
two counts of aggravated robbery.  On appeal, he challenges the
sufficiency of the evidence and the trial court's jury instruction
defining the mens rea of "knowing."  We affirm the judgment of the
trial court.

http://www.tba.org/tba_files/TCCA/webbms.wpd
							
							

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